HB5093 EnrolledLRB100 20465 RJF 35821 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. If and only if House Bill 5611 of the 100th
5General Assembly becomes law in the form in which it passed the
6House on April 23, 2018, then the Department of Innovation and
7Technology Act is amended by changing Sections 1-5 and 1-30 as
9    (100HB5611eng, Sec. 1-5)
10    Sec. 1-5. Definitions. In this Act:
11    "Bureau of Communications and Computer Services" means the
12Bureau of Communications and Computer Services, also known as
13the Bureau of Information and Communication Services, created
14by rule (2 Illinois Administrative Code 750.40) within the
15Department of Central Management Services.
16    "Client agency" means each transferring agency, or its
17successor. When applicable, "client agency" may also include
18any other public agency to which the Department provides
19service to the extent specified in an interagency contract with
20the public agency "Client agency" also includes each other
21public agency to which the Department provides service.
22    "Dedicated unit" means the dedicated bureau, division,
23office, or other unit within a transferring agency that is



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1responsible for the information technology functions of the
2transferring agency. For the Office of the Governor, "dedicated
3unit" means the Information Technology Office, also known as
4the Office of the Chief Information Officer. For the Department
5of Central Management Services, "dedicated unit" means the
6Bureau of Communications and Computer Services, also known as
7the Bureau of Information and Communication Services.
8    "Department" means the Department of Innovation and
10    "Information technology" means technology, infrastructure,
11equipment, systems, software, networks, and processes used to
12create, send, receive, and store electronic or digital
13information, including, without limitation, computer systems
14and telecommunication services and systems. "Information
15technology" shall be construed broadly to incorporate future
16technologies (such as sensors and balanced private hybrid or
17public cloud posture tailored to the mission of the agency)
18that change or supplant those in effect as of the effective
19date of this Act.
20    "Information technology functions" means the development,
21procurement, installation, retention, maintenance, operation,
22possession, storage, and related functions of all information
24    "Information Technology Office" means the Information
25Technology Office, also known as the Office of the Chief
26Information Officer, within the Office of the Governor, created



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1by Executive Order 1999-05, or its successor.
2    "Legacy information technology division" means any
3division, bureau, or other unit of a transferring agency which
4has responsibility for information technology functions for
5the agency prior to the transfer of those functions to the
6Department, including, without limitation, the Bureau of
7Communications and Computer Services.
8    "Secretary" means the Secretary of Innovation and
10    "State agency" means each State agency, department, board,
11and commission directly responsible to the Governor.
12    "Transferring agency" means the Department on Aging; the
13Departments of Agriculture, Central Management Services,
14Children and Family Services, Commerce and Economic
15Opportunity, Corrections, Employment Security, Financial and
16Professional Regulation, Healthcare and Family Services, Human
17Rights, Human Services, Insurance, Juvenile Justice, Labor,
18Lottery, Military Affairs, Natural Resources, Public Health,
19Revenue, State Police, Transportation, and Veterans' Affairs;
20the Capital Development Board; the Deaf and Hard of Hearing
21Commission; the Environmental Protection Agency; the
22Governor's Office of Management and Budget; the Guardianship
23and Advocacy Commission; the Historic Preservation Agency; the
24Illinois Arts Council; the Illinois Council on Developmental
25Disabilities; the Illinois Emergency Management Agency; the
26Illinois Gaming Board; the Illinois Health Information



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1Exchange Authority; the Illinois Liquor Control Commission;
2the Illinois Student Assistance Commission; the Illinois
3Technology Office; the Office of the State Fire Marshal; and
4the Prisoner Review Board. "Transferring agency" does not
5include a State constitutional office, the Office of the
6Executive Inspector General, or any office of the legislative
7or judicial branches of State government.
8(Source: 100HB5611eng, Sec. 1-5.)
9    (100HB5611eng, Sec. 1-30)
10    Sec. 1-30. Information technology.
11    (a) The Secretary shall be the Chief Information Officer
12for the State and the steward of State data with respect to
13those agencies under the jurisdiction of the Governor. It shall
14be the duty of the Department and the policy of the State of
15Illinois to manage or delegate the management of the
16procurement, retention, installation, maintenance, and
17operation of all information technology used by client
18agencies, so as to achieve maximum economy consistent with
19development of appropriate and timely information in a form
20suitable for management analysis, in a manner that provides for
21adequate security protection and back-up facilities for that
22equipment, the establishment of bonding requirements, and a
23code of conduct for all information technology personnel to
24ensure the privacy of information technology information as
25provided by law.



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1    (b) The Department shall be responsible for providing the
2Governor with timely, comprehensive, and meaningful
3information pertinent to the formulation and execution of
4fiscal policy. In performing this responsibility the
5Department shall have the power to do the following:
6        (1) Control the procurement, retention, installation,
7    maintenance, and operation, as specified by the
8    Department, of information technology equipment used by
9    client agencies in such a manner as to achieve maximum
10    economy and provide appropriate assistance in the
11    development of information suitable for management
12    analysis.
13        (2) Establish principles and standards of information
14    technology-related reporting by client agencies and
15    priorities for completion of research by those agencies in
16    accordance with the requirements for management analysis
17    specified by the Department.
18        (3) Establish charges for information technology and
19    related services requested by client agencies and rendered
20    by the Department. The Department is likewise empowered to
21    establish prices or charges for all information technology
22    reports purchased by agencies and individuals not
23    connected with State government.
24        (4) Instruct all client agencies to report regularly to
25    the Department, in the manner the Department may prescribe,
26    their usage of information technology, the cost incurred,



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1    the information produced, and the procedures followed in
2    obtaining the information. All client agencies shall
3    request from the Department assistance and consultation in
4    securing any necessary information technology to support
5    their requirements.
6        (5) Examine the accounts and information
7    technology-related data of any organization, body, or
8    agency receiving appropriations from the General Assembly,
9    except for a State constitutional office, the Office of the
10    Executive Inspector General, or any office of the
11    legislative or judicial branches of State government. For a
12    State constitutional office, the Office of the Executive
13    Inspector General, or any office of the legislative or
14    judicial branches of State government, the Department
15    shall have the power to examine the accounts and
16    information technology-related data of the State
17    constitutional office, the Office of the Executive
18    Inspector General, or any office of the legislative or
19    judicial branches of State government when requested by
20    those offices that office.
21        (6) Install and operate a modern information
22    technology system utilizing equipment adequate to satisfy
23    the requirements for analysis and review as specified by
24    the Department. Expenditures for information technology
25    and related services rendered shall be reimbursed by the
26    recipients. The reimbursement shall be determined by the



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1    Department as amounts sufficient to reimburse the
2    Technology Management Revolving Fund for expenditures
3    incurred in rendering the services.
4    (c) In addition to the other powers and duties listed in
5subsection (b), the Department shall analyze the present and
6future aims, needs, and requirements of information
7technology, research, and planning in order to provide for the
8formulation of overall policy relative to the use of
9information technology and related equipment by the State of
10Illinois. In making this analysis, the Department shall
11formulate a master plan for information technology, utilizing
12information technology most advantageously, and advising
13whether information technology should be leased or purchased by
14the State. The Department shall prepare and submit interim
15reports of meaningful developments and proposals for
16legislation to the Governor on or before January 30 each year.
17The Department shall engage in a continuing analysis and
18evaluation of the master plan so developed, and it shall be the
19responsibility of the Department to recommend from time to time
20any needed amendments and modifications of any master plan
21enacted by the General Assembly.
22    (d) The Department may make information technology and the
23use of information technology available to units of local
24government, elected State officials, State educational
25institutions, the judicial branch, the legislative branch, and
26all other governmental units of the State requesting them. The



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1Department shall establish prices and charges for the
2information technology so furnished and for the use of the
3information technology. The prices and charges shall be
4sufficient to reimburse the cost of furnishing the services and
5use of information technology.
6    (e) The Department may establish standards to provide
7consistency in the operation and use of information technology.
8(Source: 100HB5611eng, Sec. 1-30.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.